ACCESS:Access
for the site will be from a proposed 20 ft. access easement beginning at
Pringle Rd. (SR# 1605) and terminating at the leased area. The easement is
incorporated entirely within the Lawson property.

STAFF COMMENTS:The proposed site meets the requirements as set forth in Appendix B of
the Zoning Ordinance. The Center for Municipal Solutions has provided the
County with a letter of approval stating that the applicants have fulfilled the
technical requirements of the ordinance. A staff review of the application and
site concurs with this recommendation.

PLANNING
BOARD RECOMMENDATION: The Planning Board voted 6 to 0
to recommend approval of Special Use Permit Request # 213 for a 150 ft.
monopole telecommunication tower to be located on Pringle Rd.

The
Planning Board recommended the requested waivers by Verizon Wireless be
granted, which Director Sudderth reviewed with the Board:

Recommended
Waivers:

1) The Applicant has requested relief from the requirements to
camouflage the tower and to flush-mount the antennas.

2)
Structural Report - The applicant is requesting a timing waiver to
provide sealed manufacturer’s engineering drawings and calculations of this
structural capacity (Structural Design Report) as a condition of the Special
Use Permit, to be provided both to the County and CMS prior to the issuance of
the Building Permit.

The
Planning Board requested that the following recommended conditions by the
Center for Municipal Solutions (CMS), the county’s telecommunication consultant,
be attached to the positive recommendation of the Special Use Permit to the
County Commissioners, which Director Sudderth reviewed with the Board.

Recommended
Conditions:

1.
Structural Design Report: Prior to the issuance of a Building Permit,
the Structural Design Report shall be provided to the County Planning
Department and reviewed by CMS to determine/verify the structural adequacy.

2. Completion Deadline/ Permit Expiration:
The monopole with the wireless facility attached thereto shall be completely
constructed and ready for use no later than 24 months from the date of the
Special Use Permit or the Permit shall be deemed to have expired and of no use
or effect.

3. Contractor Sign-Off Report: At the
completion of construction and prior
to the final inspection being conducted, Verizon Wireless shall provide
to CMS a non-redacted, signed copy of the contractor’s final (sign-off) report
provided to its client showing in detail all work performed.

4. Inspections: Once Verizon Wireless has met
all the conditions of the permit and any other requirements of the County, and
a Building Permit has been issued, it must notify the County’s
consultant if an inspection is required which is not performed by the County so
that it may be performed by CMS for the County.

5. Final Inspection: At the completion of
construction the Applicant must notify the County’s consultant and
provide proof that all inspections have been satisfactorily completed and the
project is ready for a final on-site inspection by providing a copy of the
inspection report(s) to the Planning Department and CMS, as well as the
aforementioned Contractor Sign-Off Report. Upon passing the final inspection a
recommendation to issue a Certificate of Completion shall be made.

6.
Sufficient Funds to pay all Expenses: The Applicant shall have
sufficient funds in the escrow account with the County to pay all expenses
related to the application review and the issuance of permits, including any
inspections. The facility shall not be allowed to be used to provide service
commercially, nor will the Certificate of Completion be issued, unless there is
a sufficient balance in the escrow account to pay all costs incurred by the
County, including amounts owed to the County’s Consultant after receipt of the
Consultant’s final invoice.

7.
Provision of Commercial Service: Verizon Wireless shall not be permitted
to actually provide service commercially until the Certificate of Completion or
its functional equivalent is issued or risk forfeiting its Permit.

Discussion

Planning
Director David Sudderth reiterated The
Center for Municipal Solutions

(county’s telecommunication
consultant) has provided the County with a letter of approval

stating that
the applicants have fulfilled the technical requirements of the ordinance.

The Board
discussed the Special Use Permit Request.

The Board had no issues with the Special
Permit Request, requested waivers/conditions

by
Verizon Wireless.

Mr. Monroe noted that the following:

·Application
was complete and timely

·Very
comfortable with the site

·The
company is very responsible and did not request for more height than they needed

Director
Sudderth noted that there was no opposition to the Special Use Permit.

Director
Sudderth noted the following information included in their Agenda regarding the

issuance of a Special Use Permit:

136.9Conditions and Guarantees

Prior to the granting of any special use, the
Planning Board may recommend, and the responsible body may stipulate, such
conditions and restrictions upon the establishment, location, reconstruction,
maintenance, and operation of the special use as it deemed necessary for the
protection of the public interest and to secure compliance with the standards
and requirements specified in Subsection 136.5 above.In all cases in which special uses are
granted, the responsible body shall require such evidence and guarantees as it
may deem necessary as proof that the conditions stipulated are being met.Conditions may include, but not limited to,
the following:

(a)Conditions may be imposed to abate or
restrict noise, smoke, dust, or other elements that may affect surrounding
properties.

c)Provide adjoining property with a buffer or
shield from view of the proposed use if necessary.

(d)Establish a time limit at expiration of which
the permit or approval shall no longer be valid, or shall require renewal.

Director Sudderth noted the
zoning requirements for issuing a Special Use Permit are:

136.1Intent
of Special Use District

The development and execution of this
Ordinance is based upon the division of the County’s jurisdiction into
districts where the use of the land and buildings and structures in relation to
the land are substantially uniform. It is understood that certain uses which
because of their unique characteristics, are not easily classified into any
particular zoning district or districts. In this situation, individual
consideration for each case must be taken to determine the impact of those uses
upon surrounding land and the public need for that particular use in that
specific location. In these situations, a special use permit must be obtained.

136.8Action by the Responsible Body

Director Sudderth noted that in
approving a Special Use Permit, the Board should

follow
these guidelines, respond and vote on each of the following items concerning
the

issuance
of a Special Use Permit:

The responsible body shall approve, modify, or deny
the application for special use following the public hearing.In granting a Special Use Permit, the
responsible body shall insure:

(a)The requested use is listed among the special
uses in the district for which application is made. (yes/5-0)

(b)The requested use is essential or desirable to
the public convenience or welfare. (yes/5-0)

(c)The requested use will not impair the
integrity or character of the surrounding or adjoining districts, nor be
detrimental to the health, morals, or welfare. (yes/5-0)

(d)Due consideration has been given to the
suitability of the property for the use applied for with respect to trends of
growth or change; the effect of the proposed use upon the community;
requirements for transportation, schools, parks, playgrounds, recreational
area, conservation of natural resources, preservation of floodplains, and
encouraging the most appropriate use of the land. (yes/5-0)

(e)Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
(yes/5-0)

(f)That adequate measures have been or will be
taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets. (yes/5-0)

Action

Chairman
Inman entertained a motion.

Commissioner
Lankford moved to approve Special Use Permit Request #213 – Cellco